Van Wagner v. Nostrand
Supreme Court of Iowa
Appeal from Washington District Court. General covenant of warranty : effect of : BREACH: fixtures: rent, &g. — This is an action by the plaintiffs (the assignee of one Daniel Lawrence) against Van Nostrand, on the covenants contained in a conveyance of real estate, made by Van Nostrand to Lawrence.
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Appeal from Washington District Court. General covenant of warranty : effect of : BREACH: fixtures: rent, &g. — This is an action by the plaintiffs (the assignee of one Daniel Lawrence) against Van Nostrand, on the covenants contained in a conveyance of real estate, made by Van Nostrand to Lawrence. On the 9th- day of November, 1863, Van Nostrand conveyed certain lands to Lawrence, in the town of Washington, for the expressed consideration of $1,200; the conveyance containing the following covenant: “And I (Isaac Van Nostrand) warrant the title to the same, against all persons whomsoever,”…
1Opinion of the CourtDillon, J.
This cause may be decided, by stating and applying certain legal propositions.
rdked: nan'ts: warranty, I. The form of the covenant, upon which this action is brought, is the same as that prescribed by the statute. Bev. § 2240, Code, § 1232. Its meaning has been judicially determined in this court, in the leading case of Funk v. Creswell, 5 Iowa, 62,1857. That decision establishes, that the general covenant of warranty was intended “to include and imply all the usual covenants in a deed of conveyance' in fee simple.” The plaintiff in this action, upon the covenant set out in the statement, has…
2Cases cited6 opinions
- Walker v. ShermanNew York Supreme Court · 1839
- Funk v. CreswellSupreme Court of Iowa · 1857
- Wickersham v. OrrSupreme Court of Iowa · 1859
- Townsend v. WeldMassachusetts Supreme Judicial Court · 1811
- Abercrombie v. RedpathSupreme Court of Iowa · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Kilpatrick v. SmithSupreme Court of Iowa · 1945
- Burk v. HillIndiana Supreme Court · 1874
- Clark v. StrohbeenSupreme Court of Iowa · 1921
- Barlow v. McKinleySupreme Court of Iowa · 1867
31 more not listed; retrieve them via the Exa API.